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LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS

LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS

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Bankruptcy Code § 101. Definitions

Bankruptcy Code § 101. Definitions

In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $175,750(*).
(4) The term “attorney” means attorney, professional law association, corporation, or partnership, authorized under applicable law to practice law.
(4A) The term “bankruptcy assistance” means any goods or services sold or otherwise provided to an assisted person with the express or implied purpose of providing information, advice, counsel, document preparation, or filing, or attendance at a creditors’ meeting or appearing in a case or proceeding on behalf of another or providing legal representation with respect to a case or proceeding under this title.
(5) The term “claim” means—
(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or
(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
(6) The term “commodity broker” means futures commission merchant, foreign futures commission merchant, clearing organization, leverage transaction merchant, or commodity options dealer, as defined in section 761 of this title, with respect to which there is a customer, as defined in section 761 of this title.
(7) The term “community claim” means claim that arose before the commencement of the case concerning the debtor for which property of the kind specified in section 541(a)(2) of this title is liable, whether or not there is any such property at the time of the commencement of the case.
(7A) The term “commercial fishing operation” means—
(A) the catching or harvesting of fish, shrimp, lobsters, urchins, seaweed, shellfish, or other aquatic species or products of such species; or
(B) for purposes of section 109 and chapter 12, aquaculture activities consisting of raising for market any species or product described in subparagraph (A).
(7B) The term “commercial fishing vessel” means a vessel used by a family fisherman to carry out a commercial fishing operation.
(8) The term “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose.
(9) The term “corporation”—
(A) includes—
(i) association having a power or privilege that a private corporation, but not an individual or a partnership, possesses;
(ii) partnership association organized under a law that makes only the capital subscribed responsible for the debts of such association;
(iii) joint-stock company;
(iv) unincorporated company or association; or
(v) business trust; but
(B) does not include limited partnership.
(10) The term “creditor” means—
(A) entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor;
(B) entity that has a claim against the estate of a kind specified in section 348(d), 502(f), 502(g), 502(h) or 502(i) of this title; or
(C) entity that has a community claim.
(10A) The term “current monthly income”—
(A) means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor’s spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on—
(i) the last day of the calendar month immediately preceding the date of the commencement of the case if the debtor files the schedule of current income required by section 521(a)(1)(B)(ii); or
(ii) the date on which current income is determined by the court for purposes of this title if the debtor does not file the schedule of current income required by section 521(a)(1)(B)(ii); and
(B) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not otherwise a dependent), but excludes benefits received under the Social Security Act, payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes, and payments to victims of international terrorism (as defined in section 2331 of title 18) or domestic terrorism (as defined in section 2331 of title 18) on account of their status as victims of such terrorism.
(11) The term “custodian” means—
(A) receiver or trustee of any of the property of the debtor, appointed in a case or proceeding not under this title;
(B) assignee under a general assignment for the benefit of the debtor’s creditors; or
(C) trustee, receiver, or agent under applicable law, or under a contract, that is appointed or authorized to take charge of property of the debtor for the purpose of enforcing a lien against such property, or for the purpose of general administration of such property for the benefit of the debtor’s creditors.
(12) The term “debt” means liability on a claim.
(12A) The term “debt relief agency” means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include—
(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;
(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;
(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;
(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or
(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.
(13) The term “debtor” means person or municipality concerning which a case under this title has been commenced.
(13A) The term “debtor’s principal residence”—
(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and
(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.
(14) The term “disinterested person” means a person that—
(A) is not a creditor, an equity security holder, or an insider;
(B) is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and
(C) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason.
(14A) The term “domestic support obligation” means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—
(A) owed to or recoverable by—
(i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or
(ii) a governmental unit;
(B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;
(C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—
(i) a separation agreement, divorce decree, or property settlement agreement;
(ii) an order of a court of record; or
(iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and
(D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt.
(15) The term “entity” includes person, estate, trust, governmental unit, and United States trustee.
(16) The term “equity security” means—
(A) share in a corporation, whether or not transferable or denominated “stock”, or similar security;
(B) interest of a limited partner in a limited partnership; or
(C) warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share, security, or interest of a kind specified in subparagraph (A) or (B) of this paragraph.
(17) The term “equity security holder” means holder of an equity security of the debtor.
(18) The term “family farmer” means—
(A) individual or individual and spouse engaged in a farming operation whose aggregate debts do not exceed $3,792,650(*) and not less than 50 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse unless such debt arises out of a farming operation), on the date the case is filed, arise out of a farming operation owned or operated by such individual or such individual and spouse, and such individual or such individual and spouse receive from such farming operation more than 50 percent of such individual’s or such individual and spouse’s gross income for—
(i) the taxable year preceding; or
(ii) each of the 2d and 3d taxable years preceding; the taxable year in which the case concerning such individual or such individual and spouse was filed; or
(B) corporation or partnership in which more than 50 percent of the outstanding stock or equity is held by one family, or by one family and the relatives of the members of such family, and such family or such relatives conduct the farming operation, and
(i) more than 80 percent of the value of its assets consists of assets related to the farming operation;
(ii) its aggregate debts do not exceed $3,792,650 and not less than 50 percent of its aggregate noncontingent, liquidated debts (excluding a debt for one dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a farming operation), on the date the case is filed, arise out of the farming operation owned or operated by such corporation or such partnership; and
(iii) if such corporation issues stock, such stock is not publicly traded.
(19) The term “family farmer with regular annual income” means family farmer whose annual income is sufficiently stable and regular to enable such family farmer to make payments under a plan under chapter 12 of this title.
(19A) The term “family fisherman” means—
(A) an individual or individual and spouse engaged in a commercial fishing operation—
(i) whose aggregate debts do not exceed $1,757,475(*) and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such individual or such individual and spouse; and
(ii) who receive from such commercial fishing operation more than 50 percent of such individual’s or such individual’s and spouse’s gross income for the taxable year preceding the taxable year in which the case concerning such individual or such individual and spouse was filed; or
(B) a corporation or partnership—
(i) in which more than 50 percent of the outstanding stock or equity is held by—
(I) 1 family that conducts the commercial fishing operation; or
(II) 1 family and the relatives of the members of such family, and such family or such relatives conduct the commercial fishing operation; and
(ii)
(I) more than 80 percent of the value of its assets consists of assets related to the commercial fishing operation;
(II) its aggregate debts do not exceed $1,757,475(*) and not less than 80 percent of its aggregate noncontingent, liquidated debts (excluding a debt for 1 dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such corporation or such partnership; and
(III) if such corporation issues stock, such stock is not publicly traded.
(19B) The term “family fisherman with regular annual income” means a family fisherman whose annual income is sufficiently stable and regular to enable such family fisherman to make payments under a plan under chapter 12 of this title.
(20) The term “farmer” means (except when such term appears in the term “family farmer”) person that received more than 80 percent of such person’s gross income during the taxable year of such person immediately preceding the taxable year of such person during which the case under this title concerning such person was commenced from a farming operation owned or operated by such person.
(21) The term “farming operation” includes farming, tillage of the soil, dairy farming, ranching, production or raising of crops, poultry, or livestock, and production of poultry or livestock products in an unmanufactured state.
(21A) The term “farmout agreement” means a written agreement in which—
(A) the owner of a right to drill, produce, or operate liquid or gaseous hydrocarbons on property agrees or has agreed to transfer or assign all or a part of such right to another entity; and
(B) such other entity (either directly or through its agents or its assigns), as consideration, agrees to perform drilling, reworking, recompleting, testing, or similar or related operations, to develop or produce liquid or gaseous hydrocarbons on the property.
(21B) The term “Federal depository institutions regulatory agency” means—
(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act) for which no conservator or receiver has been appointed, the appropriate Federal banking agency (as defined in section 3(q) of such Act);
(B) with respect to an insured credit union (including an insured credit union for which the National Credit Union Administration has been appointed conservator or liquidating agent), the National Credit Union Administration;
(C) with respect to any insured depository institution for which the Resolution Trust Corporation has been appointed conservator or receiver, the Resolution Trust Corporation; and
(D) with respect to any insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, the Federal Deposit Insurance Corporation.
(22) The term “financial institution” means—
(A) a Federal reserve bank, or an entity (domestic or foreign) that is a commercial or savings bank, industrial savings bank, savings and loan association, trust company, federally-insured credit union, or receiver, liquidating agent, or conservator for such entity and, when any such Federal reserve bank, receiver, liquidating agent, conservator or entity is acting as agent or custodian for a customer (whether or not a ‘customer,’ as defined in section 741) in connection with a securities contract (as defined in section 741) such customer; or
(B) in connection with a securities contract (as defined in section 741) an investment company registered under the Investment Company Act of 1940.
(22A) The term “financial participant” means—
(A) an entity that, at the time it enters into a securities contract, commodity contract, swap agreement, repurchase agreement, or forward contract, or at the time of the date of the filing of the petition, has one or more agreements or transactions described in paragraph (1), (2), (3), (4), (5), or (6) of section 561(a) with the debtor or any other entity (other than an affiliate) of a total gross dollar value of not less than $1,000,000,000 in notional or actual principal amount outstanding (aggregated across counterparties) at such time or on any day during the 15-month period preceding the date of the filing of the petition, or has gross mark-to-market positions of not less than $100,000,000 (aggregated across counterparties) in one or more such agreements or transactions with the debtor or any other entity (other than an affiliate) at such time or on any day during the 15-month period preceding the date of the filing of the petition; or
(B) a clearing organization (as defined in section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991).
(23) The term “foreign proceeding” means a collective judicial or administrative proceeding in a foreign country, including an interim proceeding, under a law relating to insolvency or adjustment of debt in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation.
(24) The term “foreign representative” means a person or body, including a person or body appointed on an interim basis, authorized in a foreign proceeding to administer the reorganization or the liquidation of the debtor’s assets or affairs or to act as a representative of such foreign proceeding.
(25) The term “forward contract” means—
(A) a contract (other than a commodity contract, as defined in section 761) for the purchase, sale, or transfer of a commodity, as defined in section 761(8) of this title, or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with a maturity date more than two days after the date the contract is entered into, including, but not limited to, a repurchase transaction or reverse repurchase transaction (whether or not such repurchase or reverse repurchase transaction is a ‘repurchase agreement’, as defined in this section)(**) consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any other similar agreement;
(B) any combination of agreements or transactions referred to in subparagraphs (A) and (C);
(C) any option to enter into an agreement or transaction referred to in subparagraph (A) or (B);
(D) a master agreement that provides for an agreement or transaction referred to in subparagraph (A), (B), or (C), together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a forward contract under this paragraph, except that such master agreement shall be considered to be a forward contract under this paragraph only with respect to each agreement or transaction under such master agreement that is referred to in subparagraph (A), (B), or (C); or
(E) any security agreement or arrangement, or other credit enhancement related to any agreement or transaction referred to in subparagraph (A), (B), (C), or (D), including any guarantee or reimbursement obligation by or to a forward contract merchant or financial participant in connection with any agreement or transaction referred to in any such subparagraph, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section 562.
(26) The term “forward contract merchant” means a Federal reserve bank, or an entity the business of which consists in whole or in part of entering into forward contracts as or with merchants in a commodity (as defined in section 761) or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade.
(27) The term “governmental unit” means United States; State; Commonwealth; District; Territory; municipality; foreign state; department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this title), a State, a Commonwealth, a District, a Territory, a municipality, or a foreign state; or other foreign or domestic government.
(27A) The term “health care business”—
(A) means any public or private entity (without regard to whether that entity is organized for profit or not for profit) that is primarily engaged in offering to the general public facilities and services for—
(i) the diagnosis or treatment of injury, deformity, or disease; and
(ii) surgical, drug treatment, psychiatric, or obstetric care; and
(B) includes—
(i) any—
(I) general or specialized hospital;
(II) ancillary ambulatory, emergency, or surgical treatment facility;
(III) hospice;
(IV) home health agency; and
(V) other health care institution that is similar to an entity referred to in subclause (I), (II), (III), or (IV); and
(ii) any long-term care facility, including any—
(I) skilled nursing facility;
(II) intermediate care facility;
(III) assisted living facility;
(IV) home for the aged;
(V) domiciliary care facility; and
(VI) health care institution that is related to a facility referred to in subclause (I), (II), (III), (IV), or (V), if that institution is primarily engaged in offering room, board, laundry, or personal assistance with activities of daily living and incidentals to activities of daily living.
(27B) The term “incidental property” means, with respect to a debtor’s principal residence—
(A) property commonly conveyed with a principal residence in the area where the real property is located;
(B) all easements, rights, appurtenances, fixtures, rents, royalties, mineral rights, oil or gas rights or profits, water rights, escrow funds, or insurance proceeds; and
(C) all replacements or additions.
(28) The term “indenture” means mortgage, deed of trust, or indenture, under which there is outstanding a security, other than a voting-trust certificate, constituting a claim against the debtor, a claim secured by a lien on any of the debtor’s property, or an equity security of the debtor.
(29) The term “indenture trustee” means trustee under an indenture.
(30) The term “individual with regular income” means individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under chapter 13 of this title, other than a stockbroker or a commodity broker.
(31) The term “insider” includes—
(A) if the debtor is an individual—
(i) relative of the debtor or of a general partner of the debtor;
(ii) partnership in which the debtor is a general partner;
(iii) general partner of the debtor; or
(iv) corporation of which the debtor is a director, officer, or person in control;
(B) if the debtor is a corporation—
(i) director of the debtor;
(ii) officer of the debtor;
(iii) person in control of the debtor;
(iv) partnership in which the debtor is a general partner;
(v) general partner of the debtor; or
(vi) relative of a general partner, director, officer, or person in control of the debtor;
(C) if the debtor is a partnership—
(i) general partner in the debtor;
(ii) relative of a general partner in, general partner of, or person in control of the debtor;
(iii) partnership in which the debtor is a general partner;
(iv) general partner of the debtor; or
(v) person in control of the debtor;
(D) if the debtor is a municipality, elected official of the debtor or relative of an elected official of the debtor;
(E) affiliate, or insider of an affiliate as if such affiliate were the debtor; and
(F) managing agent of the debtor.
(32) The term “insolvent” means—
(A) with reference to an entity other than a partnership and a municipality, financial condition such that the sum of such entity’s debts is greater than all of such entity’s property, at a fair valuation, exclusive of—
(i) property transferred, concealed, or removed with intent to hinder, delay, or defraud such entity’s creditors; and
(ii) property that may be exempted from property of the estate under section 522 of this title;
(B) with reference to a partnership, financial condition such that the sum of such partnership’s debts is greater than the aggregate of, at a fair valuation—
(i) all of such partnership’s property, exclusive of property of the kind specified in subparagraph (A)(i) of this paragraph; and
(ii) the sum of the excess of the value of each general partner’s nonpartnership property, exclusive of property of the kind specified in subparagraph (A) of this paragraph, over such partner’s nonpartnership debts; and
(C) with reference to a municipality, financial condition such that the municipality is—
(i) generally not paying its debts as they become due unless such debts are the subject of a bona fide dispute; or
(ii) unable to pay its debts as they become due.
(33) The term “institution-affiliated party”—
(A) with respect to an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), has the meaning given it in section 3(u) of the Federal Deposit Insurance Act; and
(B) with respect to an insured credit union, has the meaning given it in section 206(r) of the Federal Credit Union Act.
(34) The term “insured credit union” has the meaning given it in section 101(7) of the Federal Credit Union Act.
(35) The term “insured depository institution”—
(A) has the meaning given it in section 3(c)(2) of the Federal Deposit Insurance Act; and
(B) includes an insured credit union (except in the case of paragraphs (21B) and (33)(A) of this subsection).
(35A) The term “intellectual property” means—
(A) trade secret;
(B) invention, process, design, or plant protected under title 35;
(C) patent application;
(D) plant variety;
(E) work of authorship protected under title 17; or
(F) mask work protected under chapter 9 of title 17; to the extent protected by applicable nonbankruptcy law.
(36) The term “judicial lien” means lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.
(37) The term “lien” means charge against or interest in property to secure payment of a debt or performance of an obligation.
(38) The term “margin payment” means, for purposes of the forward contract provisions of this title, payment or deposit of cash, a security or other property, that is commonly known in the forward contract trade as original margin, initial margin, maintenance margin, or variation margin, including mark-to-market payments, or variation payments.
(38A) The term “master netting agreement”—
(A) means an agreement providing for the exercise of rights, including rights of netting, setoff, liquidation, termination, acceleration, or close out, under or in connection with one or more contracts that are described in any one or more of paragraphs (1) through (5) of section 561(a), or any security agreement or arrangement or other credit enhancement related to one or more of the foregoing, including any guarantee or reimbursement obligation related to 1 or more of the foregoing; and
(B) if the agreement contains provisions relating to agreements or transactions that are not contracts described in paragraphs (1) through (5) of section 561(a), shall be deemed to be a master netting agreement only with respect to those agreements or transactions that are described in any one or more of paragraphs (1) through (5) of section 561(a).
(38B) The term “master netting agreement participant” means an entity that, at any time before the date of the filing of the petition, is a party to an outstanding master netting agreement with the debtor.
(39) The term “mask work” has the meaning given it in section 901(a)(2) of title 17.
(39A) The term “median family income” means for any year—
(A) the median family income both calculated and reported by the Bureau of the Census in the then most recent year; and
(B) if not so calculated and reported in the then current year, adjusted annually after such most recent year until the next year in which median family income is both calculated and reported by the Bureau of the Census, to reflect the percentage change in the Consumer Price Index for All Urban Consumers during the period of years occurring after such most recent year and before such current year.
(40) The term “municipality” means political subdivision or public agency or instrumentality of a State.
(40A) The term “patient” means any individual who obtains or receives services from a health care business.
(40B) The term “patient records” means any record relating to a patient, including a written document or a record recorded in a magnetic, optical, or other form of electronic medium.
(41) The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that—
(A) acquires an asset from a person—
(i) as a result of the operation of a loan guarantee agreement; or
(ii) as receiver or liquidating agent of a person;
(B) is a guarantor of a pension benefit payable by or on behalf of the debtor or an affiliate of the debtor; or
(C) is the legal or beneficial owner of an asset of—
(i) an employee pension benefit plan that is a governmental plan, as defined in section 414(d) of the Internal Revenue Code of 1986; or
(ii) an eligible deferred compensation plan, as defined in section 457(b) of the Internal Revenue Code of 1986; shall be considered, for purposes of section 1102 of this title, to be a person with respect to such asset or such benefit.
(41A) The term “personally identifiable information” means—
(A) if provided by an individual to the debtor in connection with obtaining a product or a service from the debtor primarily for personal, family, or household purposes—
(i) the first name (or initial) and last name of such individual, whether given at birth or time of adoption, or resulting from a lawful change of name;
(ii) the geographical address of a physical place of residence of such individual;
(iii) an electronic address (including an e-mail address) of such individual;
(iv) a telephone number dedicated to contacting such individual at such physical place of residence;
(v) a social security account number issued to such individual; or
(vi) the account number of a credit card issued to such individual; or
(B) if identified in connection with 1 or more of the items of information specified in subparagraph (A)—
(i) a birth date, the number of a certificate of birth or adoption, or a place of birth; or
(ii) any other information concerning an identified individual that, if disclosed, will result in contacting or identifying such individual physically or electronically.
(42) The term “petition” means petition filed under section 301, 302, 303, or 1504 of this title, as the case may be, commencing a case under this title.
(42A) The term “production payment” means a term overriding royalty satisfiable in cash or in kind—
(A) contingent on the production of a liquid or gaseous hydrocarbon from particular real property; and
(B) from a specified volume, or a specified value, from the liquid or gaseous hydrocarbon produced from such property, and determined without regard to production costs.
(43) The term “purchaser” means transferee of a voluntary transfer, and includes immediate or mediate transferee of such a transferee.
(44) The term “railroad” means common carrier by railroad engaged in the transportation of individuals or property or owner of trackage facilities leased by such a common carrier.
(45) The term “relative” means individual related by affinity or consanguinity within the third degree as determined by the common law, or individual in a step or adoptive relationship within such third degree.
(46) The term “repo participant” means an entity that, at any time before the filing of the petition, has an outstanding repurchase agreement with the debtor.
(47) The term “repurchase agreement” (which definition also applies to a reverse repurchase agreement)—
(A) means—
(i) an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage related securities (as defined in section 3 of the Securities Exchange Act of 1934), mortgage loans, interests in mortgage related securities or mortgage loans, eligible bankers’ acceptances, qualified foreign government securities (defined as a security that is a direct obligation of, or that is fully guaranteed by, the central government of a member of the Organization for Economic Cooperation and Development), or securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers’ acceptances, securities, mortgage loans, or interests, with a simultaneous agreement by such transferee to transfer to the transferor thereof certificates of deposit, eligible bankers’ acceptance, securities, mortgage loans, or interests of the kind described in this clause, at a date certain not later than 1 year after such transfer or on demand, against the transfer of funds;
(ii) any combination of agreements or transactions referred to in clauses (i) and (iii);
(iii) an option to enter into an agreement or transaction referred to in clause (i) or (ii);
(iv) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), or (iii), together with all supplements to any such master agreement, without regard to whether such master agreement provides for an agreement or transaction that is not a repurchase agreement under this paragraph, except that such master agreement shall be considered to be a repurchase agreement under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in clause (i), (ii), or (iii); or
(v) any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in clause (i), (ii), (iii), or (iv), including any guarantee or reimbursement obligation by or to a repo participant or financial participant in connection with any agreement or transaction referred to in any such clause, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section 562 of this title; and
(B) does not include a repurchase obligation under a participation in a commercial mortgage loan.
(48) The term “securities clearing agency” means person that is registered as a clearing agency under section 17A of the Securities Exchange Act of 1934, or exempt from such registration under such section pursuant to an order of the Securities and Exchange Commission, or whose business is confined to the performance of functions of a clearing agency with respect to exempted securities, as defined in section 3(a)(12) of such Act for the purposes of such section 17A.
(48A) The term “securities self regulatory organization” means either a securities association registered with the Securities and Exchange Commission under section 15A of the Securities Exchange Act of 1934 or a national securities exchange registered with the Securities and Exchange Commission under section 6 of the Securities Exchange Act of 1934.
(49) The term “security”—
(A) includes—
(i) note;
(ii) stock;
(iii) treasury stock;
(iv) bond;
(v) debenture;
(vi) collateral trust certificate;
(vii) pre-organization certificate or subscription;
(viii) transferable share;
(ix) voting-trust certificate;
(x) certificate of deposit;
(xi) certificate of deposit for security;
(xii) investment contract or certificate of interest or participation in a profit-sharing agreement or in an oil, gas, or mineral royalty or lease, if such contract or interest is required to be the subject of a registration statement filed with the Securities and Exchange Commission under the provisions of the Securities Act of 1933, or is exempt under section 3(b) of such Act from the requirement to file such a statement;
(xiii) interest of a limited partner in a limited partnership;
(xiv) other claim or interest commonly known as “security”; and
(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, or warrant or right to subscribe to or purchase or sell, a security; but
(B) does not include—
(i) currency, check, draft, bill of exchange, or bank letter of credit;
(ii) leverage transaction, as defined in section 761 of this title;
(iii) commodity futures contract or forward contract;
(iv) option, warrant, or right to subscribe to or purchase or sell a commodity futures contract;
(v) option to purchase or sell a commodity;
(vi) contract or certificate of a kind specified in subparagraph (A)(xii) of this paragraph that is not required to be the subject of a registration statement filed with the Securities and Exchange Commission and is not exempt under section 3(b) of the Securities Act of 1933 from the requirement to file such a statement; or
(vii) debt or evidence of indebtedness for goods sold and delivered or services rendered.
(50) The term “security agreement” means agreement that creates or provides for a security interest.
(51) The term “security interest” means lien created by an agreement.
(51A) The term “settlement payment” means, for purposes of the forward contract provisions of this title, a preliminary settlement payment, a partial settlement payment, an interim settlement payment, a settlement payment on account, a final settlement payment, a net settlement payment, or any other similar payment commonly used in the forward contract trade.
(51B) The term “single asset real estate” means real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real property and activities incidental thereto.
(51C) The term “small business case” means a case filed under chapter 11 of this title in which the debtor is a small business debtor.
(51D) The term “small business debtor”—
(A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning or operating real property or activities incidental thereto) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than $2,343,300 (excluding debts owed to 1 or more affiliates or insiders) for a case in which the United States trustee has not appointed under section 1102(a)(1) a committee of unsecured creditors or where the court has determined that the committee of unsecured creditors is not sufficiently active and representative to provide effective oversight of the debtor; and
(B) does not include any member of a group of affiliated debtors that has aggregate noncontingent liquidated secured and unsecured debts in an amount greater than $2,343,300(*) (excluding debt owed to 1 or more affiliates or insiders).
(52) The term “State” includes the District of Columbia and Puerto Rico, except for the purpose of defining who may be a debtor under chapter 9 of this title.
(53) The term “statutory lien” means lien arising solely by force of a statute on specified circumstances or conditions, or lien of distress for rent, whether or not statutory, but does not include security interest or judicial lien, whether or not such interest or lien is provided by or is dependent on a statute and whether or not such interest or lien is made fully effective by statute.
(53A) The term “stockbroker” means person—
(A) with respect to which there is a customer, as defined in section 741 of this title; and
(B) that is engaged in the business of effecting transactions in securities—
(i) for the account of others; or
(ii) with members of the general public, from or for such person’s own account.
(53B) The term “swap agreement”—
(A) means—
(i) any agreement, including the terms and conditions incorporated by reference in such agreement, which is—
(I) an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, and basis swap;
(II) a spot, same day-tomorrow, tomorrow-next, forward, or other foreign exchange, precious metals, or other commodity agreement;
(III) a currency swap, option, future, or forward agreement;
(IV) an equity index or equity swap, option, future, or forward agreement;
(V) a debt index or debt swap, option, future, or forward agreement;
(VI) a total return, credit spread or credit swap, option, future, or forward agreement;
(VII) a commodity index or a commodity swap, option, future, or forward agreement;
(VIII) a weather swap, option, future, or forward agreement;
(IX) an emissions swap, option, future, or forward agreement; or
(X) an inflation swap, option, future, or forward agreement;
(ii) any agreement or transaction that is similar to any other agreement or transaction referred to in this paragraph and that—
(I) is of a type that has been, is presently, or in the future becomes, the subject of recurrent dealings in the swap markets or other derivatives markets (including terms and conditions incorporated by reference therein); and
(II) is a forward, swap, future, option, or spot transaction on one or more rates, currencies,commodities, equity securities, or other equity instruments, debt securities or other debt instruments,quantitative measures associated with an occurrence, extent of an occurrence, or contingency associatedwith a financial, commercial, or economic consequence, or economic or financial indices or measuresof economic or financial risk or value;
(iii) any combination of agreements or transactions referred to in this subparagraph;
(iv) any option to enter into an agreement or transaction referred to in this subparagraph;
(v) a master agreement that provides for an agreement or transaction referred to in clause (i), (ii), (iii), or (iv), together with all supplements to any such master agreement, and without regard to whether the master agreement contains an agreement or transaction that is not a swap agreement under this paragraph, except that the master agreement shall be considered to be a swap agreement under this paragraph only with respect to each agreement or transaction under the master agreement that is referred to in clause (i), (ii), (iii), or (iv); or
(vi) any security agreement or arrangement or other credit enhancement related to any agreements or transactions referred to in clause (i) through (v), including any guarantee or reimbursement obligation by or to a swap participant or financial participant in connection with any agreement or transaction referred to in any such clause, but not to exceed the damages in connection with any such agreement or transaction, measured in accordance with section 562; and
(B) is applicable for purposes of this title only, and shall not be construed or applied so as tochallenge or affect the characterization, definition, or treatment of any swap agreement under anyother statute, regulation, or rule, including the Gramm-Leach-Bliley Act, the Legal Certainty for BankProducts Act of 2000, the securities laws (as such term is defined in section 3(a)(47) of the SecuritiesExchange Act of 1934) and the Commodity Exchange Act.
(53C) The term “swap participant” means an entity that, at any time before the filing of the petition, has an outstanding swap agreement with the debtor.
(56A)(***) The term “term overriding royalty” means an interest in liquid or gaseous hydrocarbons in place or to be produced from particular real property that entitles the owner thereof to a share of production, or the value thereof, for a term limited by time, quantity, or value realized.
(53D) The term “timeshare plan” means and shall include that interest purchased in any arrangement, plan, scheme, or similar device, but not including exchange programs, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives a right to use accommodations, facilities, or recreational sites, whether improved or unimproved, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than three years. A “timeshare interest” is that interest purchased in a timeshare plan which grants the purchaser the right to use and occupy accommodations, facilities, or recreational sites, whether improved or unimproved, pursuant to a timeshare plan.
(54) The term “transfer” means—
(A) the creation of a lien;
(B) the retention of title as a security interest;
(C) the foreclosure of a debtor’s equity of redemption; or
(D) each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—
(i) property; or
(ii) an interest in property.
(54A) The term “uninsured State member bank” means a State member bank (as defined in section 3 of the Federal Deposit Insurance Act) the deposits of which are not insured by the Federal Deposit Insurance Corporation.
(55) The term “United States”, when used in a geographical sense, includes all locations where the judicial jurisdiction of the United States extends, including territories and possessions of the United States.

(*) As adjusted under section 104, effective April 1, 2007. Readjusted effective April 1, 2010.

Bankruptcy Attorney in Palm Desert

Palm Desert Attorney Kevin Cortright

When you are considering hiring an attorney for your Bankruptcy Attorney in Palm Desert, Personal Injury Attorney in Palm Desert, Workers Compensation Attorney in Palm Desert case please consider and call Palm Desert Lawyer Kevin Cortright at 951-677-8064

Attorney in Palm Desert

As a Lawyer in Palm DesertI am conveniently located near your home or office an I offer convenient free consultations for Bankruptcy, Personal Injury, and Workers Compensation Cases. Call Today for your Free Consultation 951-677-8064

• Bankruptcy Lawyer in Palm Desert

• Personal Injury Lawyer in Palm Desert
• Workers Compensation Lawyer in Palm Desert

Bankruptcy Forms Murrieta Attorney

Murrieta Attorney Kevin Cortright

When you are considering hiring an attorney for your Bankruptcy Attorney in Murrieta, Personal Injury Attorney in Murrieta, Workers Compensation Attorney in Murrieta case please consider and call Murrieta Lawyer Kevin Cortright at 951-677-8064

Attorney in Murrieta

As a Lawyer in Murrieta I am conveniently located near your home or office an I offer convenient free consultations for Bankruptcy, Personal Injury, and Workers Compensation Cases. Call Today for your Free Consultation 951-677-8064

• Bankruptcy Lawyer in Murrieta

• Personal Injury Lawyer in Murrieta
• Workers Compensation Lawyer in Murrieta

Bankruptcy Code Section 102 Rules of Construction

Bankruptcy Code Section 102 Rules of Construction

Bankruptcy Lawyer in Murrieta

Bankruptcy Code Section 102 Rules of Construction is a preliminary code that sets the basic ground rules, for filing bankruptcy. It sets out to define key terms that will set the ground work for the remaining code sections.

Bankruptcy Code Section 102 Rules of Construction

In this title —
(1) “after notice and a hearing”, or a similar phrase—
(A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but
(B) authorizes an act without an actual hearing if such notice is given properly and if—
(i) such a hearing is not requested timely by a party in interest; or
(ii) there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act;
(2) “claim against the debtor” includes claim against property of the debtor;
(3) “includes” and “including” are not limiting;
(4) “may not” is prohibitive, and not permissive;
(5) “or” is not exclusive;
(6) “order for relief” means entry of an order for relief;
(7) the singular includes the plural;
(8) a definition, contained in a section of this title that refers to another section of this title, does not, for the purpose of such reference, affect the meaning of a term used in such other section; and
(9) “United States trustee” includes a designee of the United States trustee.

Bankruptcy Code Section 102 Rules of Construction

New Hampshire Bankruptcy Attorney

If you need to consider doing a bankruptcy, either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy I would highly recommend you consider hiring an experienced New Hampshire Bankruptcy Attorney.

An experienced New Hampshire Bankruptcy Attorney will help you decide if Bankruptcy is the right option for you to consider. A New Hampshire Bankruptcy Attorney will take the time to meet with you one on one and go over your complete financial situation. Then an experienced Attorney will advise you of your options and let you know if Bankruptcy is the right option for you financial situation.

Other Things to Consider When Hiring a New Hampshire Bankruptcy Attorney

• Areas of Practice
• Location to you
• Location to the Court
• Price
• Experience
• Local Bar Record

As with every other serious decision on life, take the time to research your Attorney prior to hiring them. If you do not feel comfortable at the initial consultation most likely you will never feel comfortable. Additionally if you do not get to meet with the Attorney and are forced to meet with a clerk or paralegal it is most likely time to keep looking. You want to hire an attorney who is going to take your situation serious and give it his undivided attention.

New Hampshire Bankruptcy Attorney

Bankruptcy Mailing Matrix

A bankruptcy mailing matrix is a list that the court will need that has the name and address of all your creditors.

Bankruptcy Attorney in Murrieta

Completing the bankruptcy mailing matrix is an important part of your bankruptcy petition. The bankruptcy mailing matrix is used by the court to notify your creditors of your bankruptcy filing. If a creditor is not listed on the bankruptcy mailing matrix then the bankruptcy court will not mail the creditor notice. This could result in your inability to discharge any debts that are not properly listed on the bankruptcy mailing matrix. Make sure to submit the bankruptcy mailing matrix in the form that the court prefers, whether it be cd or printout so bankruptcy mailing matrix can be scanned.

Step 1: Make a list of all your creditors in alphabetical order, including agencies, sheriffs,and/or attorneys that have sued you. Anybody who is trying to collect a debt.

Step 2: Make copies of a form that puts them in a format that can be scanned.

Step 3: Enter the name and address of your creditors.

Make sure to include every creditor that you listed on Schedule D, E, F, and H in your bankruptcy mailing matrix.

Bankruptcy Mailing Matrix

Form 201- Notice to Consumer Debtors under 342(b) of the Bankruptcy Code

With the Form 201- Notice to Consumer Debtors under 342(b) of the Bankruptcy Code.

Some of the bankruptcy forms such as the notice to consumer debtors are informational to you as the bankruptcy filer. And some of the forms like the notice to consumer debtors are warnings to make sure you know what you are signing and filing. It is important to read and understand every page that you file as you are signing the bankruptcy petition under penalty of perjury. If you do not understand what you are signing then consult with a bankruptcy attorney or an appropriate bankruptcy resource book.

Form 201-Notice to Consumer Debtors

Form 201 Notice to Consumer Debtors is for your information, so read it, understand it, and sign it. The notice forms do not require much, but do not overlook them. Take the time to read and understand them as the Bankruptcy Trustee will ask you at your hearing if you have read and understood what you have signed.

Notice to Consumer Debtors

Form 22A- CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION

CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION

The Chapter 7 Statement of Current Monthly Income and Means-Test Calculation is none in short as the means test. It really is not a test but it is a formula used to determine if you qualify for bankruptcy. And if you do qualify for bankruptcy the CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION helps determine which chapter of bankruptcy you qualify.

CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION

Is probably the most complicated bankruptcy form to complete, take your time and seek the advice of an attorney or a bankruptcy resource book to help you know what goes in each category.

• In Re.- same as other forms.
• Case No.- same as other forms.
• The presumption arises- leave these till later.
• Part I. Exclusion for Disbled Veterans and Non-Consumer Debtors-

Line 1a.- If you qualify for veterans exclusion, check correct box and sign.

Line 1b.- Check if majority of your debts come from runing a business.

Line 1c.- If you are in the National Guard and were called into duty after September 11, 2001 you can complete the “Declaration of Reservists and National Guard Members” and check the box at the top of the form that is marked “The presumption is temporarily inapplicable”. Sign and date at the bottom, and you will be temporary excluded from taking the means test until 540 days after your active duty ends.

• Part II. Calculation of Monthly Income for 707(b)(7) Exclusion.-

Line 2a.- If unmarried check box and follow instructions.

Line 2b.- If you are still married but seperated, check and follow instructions.

Line 2c.- If you are married but still filing seperately, check and follow instructions.

Line 2d.- If you are married and file jointly check box and follow instructions.

Line 3.- Enter your gross average monthly earnings.

Line 4.- If you have a business, profession, or form find your average monthly expenses and subtract from gross income.

Line 5.- Enter average monthly income from rentals in the last six- month period and deduct expenses.

Line 6.- Enter average monthly income from interest, dividends, and royalties in the last six months.

Line 7.- Enter average monthly pension and retirement funds.

Line 8.- Enter monthly average of anything contributed to the household from somebody else’s funds.

Line 9.- Enter average monthly unemployment compensation.

Line 10.- Enter average monthly amount that you received from any other source.

Line 11.- Compute subtotals.

Line 12.- Add subtotals.

• Part III: Applicaton of 707(b)(7) Exclusion-

Line 13.- convert monthly figure to annual figure.

Line 14.- Enter median income for your state and family size.

Line 15.- If your income is greater than the state median, check bottom box and continue on to part IV. If it is less than the state median, check the top box and sign and date in form part VII and return to first page of form where you will check “the presumption does not arise” box.

• Part IV. Calculation of Current Monthly Income for 707(b)(2)-

Line 16.- enter total from line 12.

Line 17.- you can subtract your spouse’s income from your total if your spouse is not filing and you checked the box on line 2c.

Line 18.- subtract amount on line 17 from line 16 and enter total.

• Part V. Calculation of Deductions From Income-

Subpart A: If your current monthly income is over the median amount of the state, then you have to fill out this part of the form because you are not allowed to subtract all of your actual expenses.

Line 19A.- enter what the IRS thinks you should be spending on food, clothing, and other items that relate to your specific family size and income.

Line 19B.- enter amount that the IRS says you can claim for health expenses.

Line 20A.- enter amount the IRS says your housing and utilities should equal to.

Line 20B.- a) enter housing and utilities standards and mortage/rental expenses.

b) enter what your average monthly payment should be to all creditors for debts secured by your home.

c) subtract line b from a, if it comes out to be a negative number then enter zero.

Line 21.- if the IRS has a set amount for mortage/rental that is too low for you, enter the difference here and why you should be ale to have it adjusted.

Line 22A.- enter the amount the IRS says for operating expenses for your car.

Line 22B.- if you also use public transportation, enter the amount of expenses here.

Line 23.- a) enter IRS local transportation standards.

b) enter the average monthly payment you have left for debts on your first car.

c) subtract line b from line a and enter number.

Line 24.- complete if you have a second car.

Line 25.- enter average monthly amount that you incur for all taxes, not including real estate and sales taxes.

Line 26.- enter mandatory payroll deductions.

Line 27.- enter monthly payments for life insurance.

Line 28.- enter any payments that you make because of a court order.

Line 29.- enter monthly amount of education required by employer to keep your job, or for a physically or mentally challenged child.

Line 30.- enter monthly expenses for any kind of child care.

Line 31.- enter monthly amount for out of pocket health care expenses, not including health insurance.

Line 32.- enter monthly amount of expenses for communication devices for your family.

Line 33.- add all expenses and write total.

Subpart B: Additional Living Expense Deductions-

Line 34.- list all reasonably necessary monthly payments for health insurance, disability insurance, and health savings accounts.

Line 35.- average monthly amount that you spend on somebody else in your family for helping them with their illness or disability.

Line 36.- enter average monthly amount spent on security systems or other protection for your family.

Line 37.- enter monthly amount here that exceeds the home energy costs your entered on line 20A.

Line 38.- enter how much you spend monthly on your children’s education. Cannot exceed $137.50

Line 39.- enter the monthly amount that exceeds the IRS allowance for food and clothing.

Line 40.- enter the amount of charitable contributions you have made previous to filing here.

Line 41.- Add lines 34-40 up and put total here.

Subpart C: Deductions for Debt Payment-

Line 42.- enter the average monthly payment that you would need to pay to creditors over the next 5 years that hold secured interest in your property.

Line 43.- enter the average monthly payment for past debts that you will need to pay to creditors over the next 5 years for property that is needed to be kept for support of your family.

Line 44.- enter average monthly amount you will have to pay in the next five years for the priority claims that you listed on Schedule E.

Line 45.- Leave blank until you pass or fail the means test.

Line 46.- add lines 42-45 and enter total here.

Subpart D: Total Deductions from Income-

• Part VI: Determination of 707(b)(2) Presumption-

Line 48.- enter amount from Line 18.

Line 49.- enter amount form line 47.

Line 50.- subtract line 49 from line 48 and enter total.

Line 51.- multiply total from line 50 by 60 and enter.

Line 52.- If amount on line 51 is less than $6,575 then check box 1. If the amount is more than $10,950 check second box. If the amount is in between the two check the third box.

Line 53.- enter your non-priority, unsecured debt amount from schedule F.

Line 54.- enter %25 of your non-priority unsecured debt from line 53.

Line 55.- determine here whether you passed the means test or not.

CHAPTER 7 STATEMENT OF CURRENT MONTHLY INCOME AND MEANS-TEST CALCULATION

Form 7- Statement of Financial Affairs

Form 7- Statement of Financial Affairs:

• Court name- same info on Form 1.
• In Re.- same as other forms.
• Case No.- same as other forms.
• 1) Income from employment or operation of business- gross income for the last two years and this year
• 2) Income other than rom employment or operation of business- enter any other amounts of money that you receive besides from your job or business. Include the amount, dates received, and reason you got the money. Make sure this section matches up with your tax information.
• 3) Payments to creditors-

                  a. Individual or joint debtor(s) with primarily consumer debts.- list payments that were made to repay a loan, installment purchase, debt, or if the payment was made in the 90 days before filing that total more than $600.

                  b. Debtor whose debts are not primariliy consumer debts.- if you have primarily business debts that total over $5,475 or more, and the payments have been made to a creditor within 90 days of filing list here.

                  c. All debtors.- list all payments made to any insider creditors within one year before you filed bankruptcy.

• 4) Suits and administrative proceedings, executions, garnishments and attachments.-



                  a. List all suits that you are currently involved in, or have been involved in during the year previous to your filing. Make sure to include the caption of suit and case number, nature of proceeding, court or agency and location, and status or disposition.

                  b. If you had any wages, real estate, or personal property taken from you by the court in the year before you file for bankrutpcy because of debts enter that information along with the date.

• 5) Repossesions, foreclosures and returns- if you have any repossesed or foreclosed property, or have returned or defaulted on payments to a creditor in the year before filing, enter here.
• 6) Assignments and receiverships-

                  a. If you assigned your right to receive benefits or property to a creditor in order to pay a debt in the four months before filing, enter here.

                  b. List all property that has been in the hands of the court in the year before you file.

• 7) Gifts- List all gifts of over $100 to charitable donations and $200 to family members within the last year before filing. Gifts include forgiving loans.
• 8) Losses- List proceeds you’ve received or expect to receive, even in the future after you file.
• 9) Payments related to debt counseling or bankrupty- List all payments made to petition preparers, debt consultants or consolidators, or attorneys.
• 10) Other transfers-

                  a. List all real and personal property that you have sold or gotten rid of in the past year before filing.

                  b. List all transfers of your property in the past ten years to an irrevocable trust where you are the beneficiary.

• 11) Closed financial accounts.- List any information about accounts in your name or for your benefit that closed in the past year to filing.
• 12) Safe deposit boxes- Enter info for any safety deposit boxes you have had in the past year before filing.
• 13) Setoffs- List any setoffs that your creditors have taken out of your accounts in the past 90 days before filing.
• 14) Property  held for another person- List any information about property that you are in charge of for another person.
• 15) Prior address of debtor- list all of your address within the past 3 years before filing.
• 16) Spouses and former spouses- list the name of you and your spouse(s) that have lived with you in any community property states.
• 17) Environmental information- answer questions if applicable.
• 18) Nature, location, and name of business- List all informatino if you are in or have been in a business in the last 6 years.
• 19) Books, records, and financial statements-

                  a. Write “none” if you have not had any other people than yourself do the accounting for your business inthe previous two years. If you have, identify them.

                  b. Fill in the information if your books have been audited in the past two years, if not put “none”.

                  c. Explain if anybody once close to you might have your business records so they are now missing. Explain why.

                  d. Financial statements may include balance sheets and profit and loss statements.

• 20) Inventories- If you have an inventory, fill in items a and b. If not, you can write either “none”, “no inventory required”, or “materials purchased for each order as needed”.
• 21-25) Fill in if you are part of a business entity. If not, write “none”
• Declaration Under Penalty of Perjury by Individual Debtor- sign and date.
• Certification and Signature of Non-Attorney Bankruptcy Petition Preparer- if a preparer is filling out your info, they fill out this section. If not, write N/A.

Make sure to fill out your Statement of Financial Affairs form honestly and correctly.

Form 6- Declaration Concerning Debtors Schedules

Declaration Concerning Debtors Schedules:

• In Re.- same as other forms.
• Case No.- same as other forms.
• Declaration Under Penalty of Perjury by Individual Debtor- enter total number of schedules papers, date, then sign.
• Declaration and Signature of Non-Attorney Bankruptcy Petition Preparer- if  a preparer filled out your forms, they will complete this section. If not, put “N/A”
• Declaration Under Penalty of Perjury on Behalf of Corporation or Partnership-  enter “N/A”

Make sure to fill out your Declaration Concerning Debtors Schedules form honestly and correctly.

Form 6: Statistical Summary of Certain Liabilities and Related Data

Statistical Summary of Certain Liabilities and Related Data:

• Fill in all blanks using your completed schedules. Leave current monthly income blank until you can come back later after completing form 22A.

Make sure to fill out your Statistical Summary of Certain Liabilities and Related Data form honestly and correctly.

Form 6: Summary of Schedules

Summary of Schedules:

• Court Name- copy from Form 1.
• In re.- same as other forms.
• Case No.- same as other forms.
• Name of Schedule- don’t write anything.
• Attached (yes/no)- if completed and attached all schedules write “yes”
• No. of Sheets- enter the number of pages for each schedule and remember to include continuation sheets.
• Assets, Liabilities, Other- in each column enter amount from Schedule pages and then enter the totals of columns at bottom.

Make sure to fill out your Summary of Schedules form honestly and correctly.

Form 6: Schedule J- Current Expenditures of Individual Debtor(s)

Schedule J- Current Expenditures of Individual Debtor(s):

• In re.- same as other forms.
• Case No.- same as other forms.
• Check this box if a joint petition is filed and debtor’s spouse maintains a seperate household- only check if filing jointly but spouse is in a different household.
• Expenditures Items 1-17- list expenditures along with monthly expenses for them.
• Item 18: Average Monthly Expenses- total expenses and enter here.
• Item 19- describe any increase or decrease in expenditures that you forsee in the next year.
• Item 20: Statement of Monthly Net Income- subtract monthly expenses from monthly income and enter amount here.

Make sure to fill our  your Current Expenditures of Individual Debtor(s) form honestly and correctly.

Form 6: Schedule I- Current Income of Individual Debtor(s)

• In re.- same as other forms.
• Case No.- same as other forms.
• Debtor’s Marital Status- enter marital status. (single, married, or seperated)
• Employment- enter employment information.
• Income- enter estimated monthly gross income from employment.
• Item 4: Payroll Deductions- enter deductions taken from gross salary.
• Item 5: Subtotal of Payroll Deductions- add all payroll deductions.
• Item 6: Total Net Monthly Take Home Pay- subtract your deductions from your gross montly income and write difference.
• Item 7: Regular income from operation of business or profession or farm- if self employed, or operator of sole-proprietorship, write the average of your last 3 months gross income, or take your yearly average and divide by 12. Attach a detailed statement of income.
• Item 8: Income from real property- enter monthly income from real property.
• Item 9: Interest and dividends- enter the monthly amount that you receive from interest and dividends.
• Item 10: Alimony, maintenance, or support payments payable to the debtor for the debtor’s use or that of dependents listed above.- enter monthly amount of money that you receive for support of yourself or child.
• Item 11: Social Security or government assistance- enter the monthly amount of money that you receive from the government.
• Item 12: Pension or retirement income- enter the monthly amount of money that you receive for pension or retirement.
• Item 13: Other monthly income- enter the monthly amount of money that you receive from any other sources.
• Item 14: Subtotal of Lines 7 through 13- add up all additional income lines and enter here.
• Item 15: Average Monthly Income- add items 6 through 14 and enter total here.
• Item 16: Combined Average Monthly Income- If filing jointly, combine with spouse, if not leave blank.
• Item 17: Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document- indicate if you forsee a decline or increase in income in the next year.

Make sure to fill out your Current Income of Individual Debtor(s) form honestly and correctly.

Form 6: Schedule H- Codebtors

Schedule H- Codebtors:

• In re.- same as other forms.
• Case No.- same as other forms.
• Check this box if debtor has no codebtors- check if applies, if not complete form.
• Name and Address of Codebtor- list names of codebtors and addresses.
• Name and Address of Creditor- list name and address of each creditor.

Make sure to fill out your schedule H- Codebtors form honestly and correctly.

Form 6: Schedule G- Executory Contracts and Unexpired Leases

Schedule G- Executory Contracts and Unexpired Leases:

• In Re.- same as other forms.
• Case No.- same as other forms.
• Check this box if debtor has no executory contracts or unexpired leases.- check if applies to you, if it doesn’t then complete the form.
• Name and Mailing Address, Including Zip Code, of Other Parties to Lease or Contract- enter in a list of all the people that signed the agreement, companies on the agreement, or anybody else that might want to enforce the agreement, along with their address.
• Description of Contract or Lease and Nature of Debtor’s Interest- list the type of contract, date it was signed, date it is to expire, summary of rights and obligations to parties, and contract number of each contract.

Make sure to fill our your Executory Contracts and Unexpired Leases form honestly and correctly.

Form 6: Schedule F- Creditors Holding Unsecured Nonpriority Claims

Schedule F- Creditors Holding Unsecured Nonpriority Claims:

• In Re.- same as other forms.
• Case No.- same as other forms.
• Check this box if debor has no creditors holding unsecured claims to report on this Schedule F- check only if you have no unsecured nonpriority debts.
• Creditor’s Name, Mailing Address Including Zip Code, and Account Number- List in alphabetical order each unsecured creditor along with their mailing address and account number if you know that information.
• Codebtor- enter information if somebody else can be legally forced to pay your debt too.
• Husband, Wife, Joint, or Community- same as other forms.
• Date claim Was Incurred and Consideratoin for Claim. If Claim is Subject to Setoff, So State.- List the dates or period of time that you owed the creditors money, and if you think you are entitled to a setoff and why.
• Contingent, Unliquidated, Disputed- same as other forms.
• Amount of Claim- enter the amount of the debt you owe the creditors.
• Subtotal/Total- enter all subtotals and totals.

Make sure you fill out your Creditors Holding Unsecured Nonpriority Claims honestly and correctly.

Form 6: Schedule E- Creditors Holding Unsecured Priority Claims

Schedule E- Creditors Holding Unsecured Priority Claims:

• In re.- same as other forms.
• Case N0.- same as other forms.
• Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E- check if you have any priority claims such as: Domestic support obligations, Extentions of credit in an involuntary case, Wages, salaries, and commissions, Contributions to employee benefit plans, Certain farmers and fisherman, Deposits by individuals, Taxes and certain other debts owed to governmental units, Commitments to maintiain the capital of an insured depository institution, or Claims for death or personal injurty while debtor was intoxicated.
• In re.- same as other forms.
• Case no.- same as other forms.
• Type of Priority- insert category for the boxes checked.
• Creditor’s Name, Mailing Address Including Zip Code, and Account Number- list the priority creditors names, addresses, zip codes and account numbers if you know all the information.
• Codebtor- list any codebtors that can also be forced to pay your debt.
• Husband, Wife, Join, or Community- same as other forms.
• Date Claim Was Incurred and Consideration for Claim- date you incurred debt and what it is for.
• Contingent, Unliquidated, Disputed- same as other forms.
• Amount of Claim- for each priority debt list the amount that needs to be pay off debt in full.
• Amount Entitled to Priority- If amount is under max then put that amount, if over, put maximum amount.
• Amount Not Entitled to Priority, If Any- enter the remaining debts that are over the max amount. List the difference.
• Subtotal/Total- enter subtotals and totals.

Make sure to fill out your Creditors Holding Unsecured Priority Claims form honestly and correctly.

Form 6: Schedule D- Creditors Holding Secured Claims

Schedule D- Creditors Holding Secured Claims:

• In re- same as other forms.
• Case Number- same as other forms.
• Check this box if debtor has no creditor sholding secured claims to report on this Schedule D.- if you have no secured creditors, check box at bottom and move on.
• Creditor’s Name and Mailing Addres Including Zip Code, and Account Number- List all of your secured creditors, along with their mailing address, and the last four digits of the account number. Try to list the creditors in alphabetical order.
• Codebtor- list anybody else that could be legally binded to pay your debts for you, list them in the creditor column and put and “X” in this column.
• Husband, Wife, Joint, or Community-same as other forms.
• Date Claim Was Incurred, Nature of Lien, and Description and Value of Property Subject to Lien- For the Date Claim Was Incurred write either the date you signed the security agreement or the date a lien was recorded against you by this creditor. The Nature of the Lien can be First mortgage, Purchase-money security interest, Nonpossessory, non-purchase-money security interest, possessory, non-purchase-money security interest, Judgment lien, Tax lien, Child support lien, Mechanics’ or materialmen’s lien, or Unknown. The Description of Property is the same descriptions on Schedule A or B. Value of Property is the same value you put on Schedule A or B.
• Contingent, Unliquidated, Disputed- enter whether the creditor’s claim was contingent, unliquidated, or disputed.
• Amount of Claim Without Deducting Balue of Collateral- enter the amount it would take to pay off claim, which you can get from the lender.
• Subtotal/Total- total the amounts and enter.
• Unsecured Portion, If Any- If the amount above is less than the claim, enter the amount of the difference, if it is equal or more enter “0″.

Make sure to fill out your Schedule D- Creditors Holding Secured Claims form honestly and correctly.

Form 6: Schedule C- Property Claimed as Exempt

Schedule C- Property Claimed as Exempt:

• In Re.- same as other forms.
• Case Number- same as other forms.
• Debtor Claims the exemptions to which the debtor is entitled under- if using federal exemptions, check top box. If using state exemptions, check bottom box.
• Check if debtor claims a homestead exemption that exceeds $136,875.- Only check if your home is worth more than the amount, you have more than the amount of equity in your home, and you have had your home for at least 40 months prior to filing.
• Description of property-

1) Figure out what property you can use as exempt.

2) Decide which real estate properties you want to declare as exempt and list the same as you did in column A.

3) Decide which personal properties you would like to declare as exempt and also put the category of property and the specific item or category name.

• Specify Law Providing Each Exemption- For every item you list as exempt, make sure to find the citation number that allows that exemption, and enter it in.
• Value of Claimed Exemption- Enter the amount of exemption item, all the way up to the allowed value.
• Current Value of Property Without Deducting Exemption- enter the replacement value as of today for the exempted items.

Make sure to fill out your Schedule C- Property Claimed as Exempt form honestly and correctly.

Form 6: Schedule B- Personal Property

Schedule B- Personal Property:

• In Re- Same as Schedule A.
• Case Number- Same as Schedule A.
• Type of Property- leave the way it is.
• None- If you don’t own anything in the “type of property” category then put x in “none”.
• Description and Location of Property- enter in specifc items for each general category. Make sure to research which item goes under which category. Combine all items that are worth under $50 into categories list items over $50 seperately.
• Items 1 and 2- Any money that you have on hand or in accounts from things such as Social Security payments, child support, or wages. Make sure to list exact amount in account on day of filing.
• Item 11- List education IRA’s and qualified state tuition plans. Also need to file any records you might have as an attachment to this form.
• Item 12- List any ERISA-qualified pension plans, 401(k)s, IRA’s and Keoghs along with a description of the plan and the value of pension. If the value is unknown write “undetermined”
• Item 13- enter stock options.
• Item 16- enter any debts owed to you as a sole proprietor or independent contractor.
• Item 17- List any child support, alimony, or property settlement  that should have been paid to you but hasn’t been. When listing these debts include the dates they were due, and the amount.
• Item 18- List any other debts that have been due to you and not paid.
• Item 19-  List any property that might be given to you one day.
• Item 20- List here any irrecovable trusts, or recovable trusts or wills.
• Item 21- List any claims you have against somebody else that might end up in a lawsuit.
• Item 22- List any patent, copyright, trademark, or similar right, what it is for, the number given by the issuing agency, and the length of time the right will last.
• Item 23- List any licenses and franchises, what they cover, length of time remaining, who they are with, and whether you can transfer them to anybody else.
• Item 24- Put a description of any lists that you have that containing personal information that you have obtained from people because you provided them with goods or services.
• Item 25-27- List make, model, and year of each item.
• Item 32- If you have crops explain if they were harvested, sold (to whom and for how much), any loans against them, and if they are insured.
• Husband, Wife, Joint, or Community- Put N/A if not married. Write “C” if you are married and live in a community property state. If you do not live in a community property state and are married, write “J” for joint. If it is owned by one of the seperate spouses, but a “H” for husband and “W” for wife.
• Current Value of Debtor’s Interest in Property, without Deducting any Secured Claim or Exemption- Put the replacement value of any property.
• Total- add all amonts and write total.

Make sure to fill out your Schedule B- Personal Property form honestly and correctly.

Form 6: Schedule A- Real Property

• In Re- enter name.
• Case No.- enter case number.
• Description and Location of Property- for each property you own, enter type of property and address for that property.
• Nature of Debtor’s Interest in Property- enter your interest in property. It can be one of:

             1)  Fee Simple- if you have a right to sell your property, leave it to heirs, or make alterations, even if you owe on the mortgage.

             2) Life Estate- the right to sell your, leave to heirs, or make alterations only in your lifetime.

             3) Future Interest- the right to own property in the future, such as an inheritance once somebody has died.

             4) Contingent Interest- the right to property once one or more conditions are fufilled.

             5) Lienholder- If you are a holder of a mortgage,deed of trust, judgment lien, or mechanic’s lien on real estate.

             6) Easement Holder- If you are the holder of a right to travel on or use property owned by somebody else.

             7) Power of Appointment- If you have the power to sell somebody else’s property given to you in a will or transfer.

             8) Beneficial Ownership Under a Real Estate Contract- the right to own property because the buyer has signed a real estate contract, even if they do not have possesion of the property yet.

• Husband, Wife, Joint, or Community- not married, enter N/A. If married enter who owns the property, Husband (H), Wife (W), Jointly (J), or Community (C).
• Current Value of Debtor’s Interest in Property, without Deducting any Secured Claim or Exemption- enter the fair market value of your real estate without homestead exemption, mortgages, or liens. Although you can deduct the costs of sale and enter difference as long as there is an explanation. If you do not know the precise amount, enter what you think it might be or “don’t know” and why you don’t know.
• Total- add amounts and enter in this box.
• Amount of Secured Claim- List each mortgage and debt secured by the property and include the outstanding amount. You can put “unknown” if you cannot figure out the information, or “none” if there aren’t any.

Make sure you fill out your Schedule A- Real Property honestly and correctly.

Exhibit D

Exhibit D guidelines:

• Top of  page- fill in court name, your name , and case number.
• Box 1- check if you have the certificate of completion and can attach it to your petition.
• Box 2- check if you have gotten counseling but havent gotten your certificate yet. You still need turn in your certificate within 15 days after filing to stay in bankruptcy.
• Box 3- check if you requested counseling but for some reason were not able to complete it before you filed.
• Box 4- check which reason why you have an exception to credit counseling if applicable.
• Box 5- N/A unless credit counseling is not a requirement in your district.
• Sign and date and file with petition.

Make sure to fill out your exhibit D form carefully and correctly.

Chapter 7 and Chapter 13 Bankruptcy Forms

Necessary Chapter 7 and Chapter 13 Bankruptcy Forms:

Chapter 7 Bankruptcy Forms

Voluntary Petition

Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership

Application and Order to Pay Filing Fee in Installments

Application for Waiver of Chapter 7 Filing Fee

List of Creditors Holding 20 Largest Unsecured Claims

Cover Sheet for Schedules

Summary of Schedules

Schedule A – Real Property

Schedule B – Personal Property

Schedule C – Property Claimed as Exempt

Schedule D – Creditors Holding Secured Claims

Schedule E – Creditors Holding Unsecured Priority Claims

Schedule F – Creditors Holding Unsecured Nonpriority Claims

Schedule G – Executory Contracts and Unexpired Leases

Schedule H – Codebtors

Schedule I – Current Income of Individual Debtor(s)

Schedule J- Current Expenditures of Individual Debtor(s)

Declaration Concerning Debtor’s Schedules

Statement of Financial Affairs

Chapter 7 Individual Debtor’s Statement of Intention

Statement of Social Security Number

Statement of Current Monthly Income and Means Test Calculation

Debtor’s Certification of Completion of Instructional Course Concerning Financial Management

Chapter 13 Bankruptcy Forms

Voluntary Petition

Declaration under Penalty of Perjury on Behalf of a Corporation or Partnership

Application and Order to Pay Filing Fee in Installments

Application for Waiver of Chapter 7 Filing Fee

List of Creditors Holding 20 Largest Unsecured Claims

Cover Sheet for Schedules

Summary of Schedules

Schedule A – Real Property

Schedule B – Personal Property

Schedule C – Property Claimed as Exempt

Schedule D – Creditors Holding Secured Claims

Schedule E – Creditors Holding Unsecured Priority Claims

Schedule F – Creditors Holding Unsecured Nonpriority Claims

Schedule G – Executory Contracts and Unexpired Leases

Schedule H – Codebtors

Schedule I – Current Income of Individual Debtor(s)

Schedule J- Current Expenditures of Individual Debtor(s)

Declaration Concerning Debtor’s Schedules

Statement of Financial Affairs

Chapter 7 Individual Debtor’s Statement of Intention

Statement of Social Security Number

Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13)

Debtor’s Certification of Completion of Instructional Course Concerning Financial Management

Use this page to navigate through the necessary bankruptcy forms.

Form 6- Schedules

• Schedule A- Real Property
• Schedule B- Personal Property
• Schedule C- Propert Claimed as Exempt
• Schedule D- Creditors Holding Secured Claims
• Schedule E- Creditors Holding Unsecured Priority Claims
• Schedule F- Creditors Holding Unsecured Nonpriority Claims
• Schedule G- Executory Contracts and Unexpired Leases
• Schedule H- Codebtors
• Schedule I- Current Income of Individual Debtor(s)
• Schedule J- Current Expenditures of Individual Debtor(s)
• Summary of Schedules
• Statistical Summary of Certain Liabilities and Related Data

Form 1- Voluntary Petition

Form 1- Voluntary Petition: First Page

• Court Name- make sure to include the division and state name if applicable.
• Name of Debtor- enter full legal name as used on checks. If married enter one in “joint debtor” box, or put N/A if they are filing seperately.
• Other Names- enter all names that you might have also been referred to as when dealing with your creditors, including names made up for business purposes.
• Last four digits of Social Security number or Individual Taxpayer I.D.- enter only last four digits
• Street Address of Debtor- enter address of personal residence, not PO Box.
• Street Address of Join Debtor- enter spouse’s current personal address.
• County of Residence or of the Principal Place of Business- enter county where you live, or that of your business.
• Mailing Address of Debtor- enter if your mailing is different from your street address, if not enter N/A.
• Location of Principal Assets of Business Debtor- If you are self-employed or have been a sole proprietor within the last six years and are considered a “business debtor” enter the primary location of your business assests such as machines or inventory.
• Type of Debtor- check the first box that says “Individual(s)”.
• Nature of Business- If any of these discriptions apply to you see a bankruptcy attorney because laws in these areas have become quite confusing in these areas.
• Tax-Exempt Entity- leave blank, only for non-profits.
• Chapter of Bankruptcy Code Under Which the Petition is Filed- check “Chapter 7″
• Nature of Debts- check “consumer debts” if the majority of your debts are owed personally and the “business debts”  box if your debts are due to the operation of a business.
• Filing Fee- If you want to pay entire fee, check first box. If you want to ask the court for payments in installments, check second box. If you want to ask the court for a full waiver of your filing fee, check third box.
• Chapter 11 Debtors- Leave blank.
• Statistical/Administrative Information- If you check the top box, your creditors will be told to file a Proof of Claims forms. If you check the bottom box, they will be told that there is not point in filing the Proof of Claims forms. For the other boxes-estimated number of creditors, assests, and liabilities- fill in if you have a good estimate of the information, or just come back to it later.

Form 1- Voluntary Petition: Second Page

• Name of Debtor- Enter your name.
• All Prior Bankruptcy Cases Filed Within Last 8 Years- Put N/A if you have not filed a bankruptcy in the past 8 years. You cannot file again until after 8 years. If you have tried to file for a Chapter 7 in the past 180 days and it was dismissed then you might not be able to file again or you might not be able to take care of all your debts. You should see a bankruptcy attorney if either of these applies to you.
• Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor-  Enter if your spouse has a bankruptcy case also pending anywhere in the Country or put N/A.
• Exhibit A- Leave blank.
• Exhibit B- For people being represented by an attorney. Leave blank if being represented by yourself or a petition preparer.
• Exhibit C- If you have any possession or property that could cause “imminent and identifiable” harm to public health or safety fill in and attach to petition.
• Exhibit D- You must finish debt counseling within 180 days of your bankruptcy filing. Mark the top box if you have completed the course and the bottom one if your spouse has completed the course.
• Information Regarding the Debtor-Venue- Check which box applies. If third box applies, see a bankruptcy attorney.
• Certification by a DebtorWho Resides as a Tenant of Residential Property- Fill out if your landlord has any eviction orders against you or not.

Form 1- Voluntary Petition: Third Page

• Signature(s) of Debtor(s) (Individual/Joint)- Sign, put date, and telephone number to verify that you and your spouse (if filing with you) understand that there are other chapters to file under, but you choose chapter 7.
• Signature of Attorney- Fill out your attorney’s information and have them sign, or put “debotr not represented by attorney” on the first line.
• Signature of Non-Attorney Bankrupty Petition Preparer- If a preparer filled out your form they complete this section.

Make sure to fill out your Form 1- Voluntary Petition honestly and correctly.

Emergency Bankruptcy Filing

It is possible to do an emergency filing for bankruptcies

If it is not possible to file all of your forms on time due to things such as fear of repossession or a foreclosure,  it is an option to do an emergency filing. This allows you to only submit a few of the documents and will give you an Automatic Stay, which will stop most collection efforts against you. It gives you 15 days to turn in the rest of the forms, and if the forms are not all submitted then the case will be dismissed. Because of this, it is very important to file the rest of your papers quickly after the emergency is filed.

The forms that must be filed when completing an emergency filing for bankruptcy are:

• Voluntary Petition (including Exhibit D which  concerns credit counseling)
• Form 21 (statement of your Social Security number)
• Matrix (lists the name, address, and zip code of all your creditors)

Only do an emergency filing for bankruptcy if it is completely necessary.

Things to remember when filling out bankruptcy forms

It is very important to remember a few things when filling out bankruptcy forms that will make the filing process smoother.

Remember to do these things when filing out bankruptcy forms:

• Use your completed Chps. 1,3,4,5 if possible to help with information.
• Revise and make sure everything is correct before turning in the forms, and do this by keeping drafts until everything is complete.
• Report all the information possible. The more the better. If anything is left out such as creditors, property and debts, or property transactions, then the court or trustee might be suspicious of fraud and discharge your case.
• Put a response in every field. Even if it does not apply to you this means checking the “none” box, or writing N/A in the first, or if necessary, every box included in a question.
• Explain yourself when uncertain, but do not leave the information out. If you are unsure of which category to put a debt or property in, then just put what you think and make note next to it that you were unsure.
• DO NOT deliberately lie, since you are completing declarations that you are being truthful. You could be prosecuted for purposeful misinformation so be honest.
• If you run out of room simply use a continuation page. Make sure to note on the form that you are on that there are continuation pages, and on the continuation pages make sure to label them with the page number, your name, and form name.
• If you do not know how to proceed, how to fill out your form, or run into trouble when filing, consult a bankruptcy attorney or further research the subject.

Remember these steps when filling out bankruptcy forms, and it will help you through the bankruptcy filing process.

Where to get bankruptcy forms

Required Bankruptcy Documents

Along with forms, some bankruptcy documents are also necessary to submit by the filer.

These bankruptcy documents include:

• your most recent federal tax return (or a transcript of the return obtained from the IRS)
• a certificate showing that you have competed the required credit counseling
• your pay stubs for the previous 60 days (along with an accompanying form, if your local court requires one)
• proof that you have completed a course in personal financial management (you must attach this to Form 23)

Make sure to have these required bankruptcy documents on hand to file.

Fee Waiver

It is possible to have your bankruptcy fee waived by filing out a bankruptcy fee waiver form called form B3B (Official Form 3B) (11/11).

Qualifications for the bankruptcy fee waiver include:

1. You must be able to pay in installments and
2. Your income must be below %150 of the poverty line
3. You must appear in court to answer the judges questions, and if you are not granted free filing through your fee waiver, you still might be able to pay in four installments.

If you are paying in installments you must be very careful to pay them on time, which can be most easily done by directly taking them to the court and getting a receipt from the clerk, because your case will be dismissed without questions if a single payment is missed.
Bankruptcy Fee Waiver

APPLICATION FOR WAIVER OF THE CHAPTER 7 FILING FEE FOR INDIVIDUALS

WHO CANNOT PAY THE FILING FEE IN FULL OR IN INSTALLMENTS

The court fee for filing a case under chapter 7 of the Bankruptcy Code is $306. If you cannot afford to pay the full fee at the time of filing, you may apply to pay the fee in installments. A form, which is available from the bankruptcy clerk’s office, must be completed to make that application. If your application to pay in installments is approved, you will be permitted to file your petition, generally completing payment of the fee over the course of four to six months. If you cannot afford to pay the fee either in full at the time of filing or in installments, you may request a waiver of the filing fee by completing this application and filing it with the Clerk of Court. A judge will decide whether you have to pay the fee. By law, the judge may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. You may obtain information about the poverty guidelines at www.uscourts.gov or in the bankruptcy clerk’s office. Required information. Complete all items in the application, and attach requested schedules. Then sign the application on the last page. If you and your spouse are filing a joint bankruptcy petition, you both must provide information as requested and sign the application.

Required Bankruptcy Forms

There are required bankruptcy forms that must be filed in every Chapter 7 Bankruptcy:

• Form 1- Voluntary Petition
• Form 3A (if you want to pay your filing fee in installments)
• Form 3B (if you apply for a fee waiver)
• Form 6, which consists of:

1. Schedule A- Real Property
2. Schedule B- Personal Property
3. Schedule C- Property Claimed as Exempt
4. Schedule D- Creditors Holding Secured Claims
5. Schedule E- Creditors Holding Unsecured Priority Claims
6. Schedule F- Creditors Holding Unsecured Nonpriority Claims
7. Schedule G- Executory Contracts and Unexpired Leases
8. Schedule H- Codebtors
9. Schedule I- Current Income
10. Schedule J- Current Expenditures
11. Summary of Schedules A through J
12. Statistical Summary of Certain Liabilities
13. Declaration Concerning Debtor’s Schedules

• Form 7- Statement of Financial Affairs
• Form 7- Chapter 7 Individual Debtor’s Statement of Intention
• Form 21- Full Social Security Number Disclosure
• Form 22A- Statement of Current Monthly Income and Means-Test Calculation
• Form 23- Certification of Instructional Course on Financial Management
• Form 201- Notice to Consumer Debtors Under  342 of the Bankruptcy Code
• Mailing Matrix
• Required local forms, if any.

All of these required bankruptcy forms combined are referred to as your “bankruptcy petition”.

While form 22A has a fair amount of math on the form, the other forms are simple and straightforward to fill out. Some forms, such as Schedule A (if you do not own real estate) can be skipped by marking the “none” box, and you can move on to the next form.

Make sure to have these required bankruptcy forms on hand to correctly file your petition.